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(영문) 서울중앙지방법원 2018.06.20 2018고단2686
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip motor vehicles.

On February 12, 2018, the Defendant driven the above car at around 18:30 on February 12, 2018, and driven the road of four-lanes in front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City C at the direction of salary, 3-lanes.

Since there is an intersection where signal lights are installed at the front of that place, in such a case, the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by driving the motor vehicle in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and neglected to proceed at the same speed due to the negligence of continuously proceeding in violation of the signal while the signal was changed to the stop signal of the vehicle, and received the left side of the victim D(45 years old) driving from the right side of the vehicle driving direction to the left side of the vehicle to the intersection in accordance with the new code from the Defendant’s vehicle driving direction.

In the end, the Defendant suffered 10 weeks of light fluoral dynasium from the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration of sentencing conditions, including the first offender, the fact that the automobile is covered by the comprehensive automobile insurance and that the victim has agreed to do so);

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